********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Disney Group, LLC ) File No.: EB-FIELDWR-14-00014618
Licensee of Station KDZR )
) NOV No.: V201432920026
)
Lake Oswego, Oregon ) Facility ID: 86618
NOTICE OF VIOLATION
Released: April 17, 2014
By the Resident Agent, Portland Office, Western Region, Enforcement Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Radio Disney Group, LLC (Radio Disney), licensee of radio station KDZR in Lake Oswego, Oregon. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation(s) noted herein.
* On March 21, 2014, agents of the Enforcement Bureau's Portland Office inspected radio station KDZR located at 8285 SW Nimbus Avenue, Suite 148, Beaverton, Oregon, and observed the following violation:
+ 47 C.F.R. § 73.1125(d)(1): " Relocation of the main studio may be made from one point to another within the locations described in paragraph (a) or (c) of this section, or from a point outside the locations specified in paragraph (a) or (c) to one within those locations, without specific FCC authority, but notification to the FCC in Washington shall be made promptly." During the inspection conducted on March 21, 2014, Radio Disney could not produce any notification letter to the FCC of its new main studio at 8285 SW Nimbus Avenue, Suite 148, Beaverton, Oregon 97008.
* Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, Radio Disney must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any pending corrective action(s). The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.
* In accordance with Section 1.16 of the Rules, we direct Radio Disney to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Radio Disney with personal knowledge of the representations provided in Radio Disney's response, verifying the truth and accuracy of the information therein, and confirming that all of the information requested by this Notice which is in the licensee's possession, custody, control, or knowledge has been produced. To knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.
* All replies and documentation sent in response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Portland Office
P.O. Box 61469
Vancouver, WA 98666-1469
* This Notice shall be sent to Radio Disney Group, LLC at its address of record.
* The Privacy Act of 1974 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Binh Nguyen
Resident Agent
Portland Office
Western Region
Enforcement Bureau